Public Health and Social Development Sectoral Bargaining Council

Background

Welcome to the Public Health Health and Social Development Sectoral Bargaining Council(PHSDSBC)

LEGISLATIVE FRAMEWORK

The existence of the PHSDSBC (hereafter referred to as the Council) which was formerly known as the Public Health and Welfare Sectoral Bargaining Council up until the change of name in 2007 can be traced back to the Labour Relations Act (hereafter referred to as the LRA) Act no. 66 of 1995, as amended, Section 37, which states:

“The Public Service Coordinating Bargaining Council may, in terms of its Constitution and by resolution designate a sector of the public service for the establishment of a Bargaining Council”.

Pursuant to the aforementioned section, the Public Service Coordinating Bargaining Council (PSCBC) designated the Council as a bargaining council in 1999.

The Council was established to facilitate, amongst others:

    • Collective Bargaining
    • Dispute Resolution

The constitution of the Council, Resolution 2 of 2006, as amended, prescribes the governance of the Council. Resolution 2 0f 2007 allows for the establishment of Chambers for the provincial governments and national departments within the scope of the Council.

Scope

The Council encompasses the state as employer, and its employees, who fall within the registered scope of the PSCBC, namely employers and employees employed in:

(a)  The department of health in the national sphere of government;

(b The nine departments of health in the provincial spheres of government;

(c) The department of social development in the national sphere of government;

(d) The nine departments of social development in the provincial spheres of government; and

(e) All other employees, who are employed in health and social development facilities under the Public Service Act and the Correctional Services Act, their employers, and other health and social development workers as defined in Schedule 1 of the Council’s constitution and employed under the Public Service Act.

The Council was registered with the Department of Labour on 28 July 1999.

Powers and Functions

 The Council derives its mandate from Section 28 of the LRA, which is inclusive of, but not limited to the following:

  • Conclusion of negotiated collective agreements on matters of mutual interest;
  • Implementation, monitoring and enforcement of collective agreements concluded in the Council;
  • Prevention and resolution of labour disputes;
  • Performance of any dispute resolution function imposed on it by the provisions of its constitution or the Act, including management and the maintenance of case management systems and policies;
  • Raising, borrowing, lending, levying of fees and investment of funds;
  • Collection of levies and the administration of a fund to be utilised for resolving disputes, collective bargaining, general  administration and the human resources of the Council, in terms of the relevant PSCBC resolutions;
  • Development of policies on matters within the Council’s jurisdiction and proposals to be made to another institution that may affect the sector;
  • Determination, by collective agreement, of any matter that may not be an issue in disputes for the purposes of a strike or a lock-out;
  • Promotion and establishment of training and education schemes;
  • Establishment, amalgamation or dissolution of Chambers of the Council within the sector and within the variation of their scope;
  • Coordination amongst Chambers and between such Chambers and the Council, of the functions and operations of such Chambers, including those related to collective bargaining and administration;
  • Determination of appropriate standards of financial control for the Council and Chambers, and services that must be maintained;
  • Provision of accommodation and operational services to Chambers for the purpose of efficiency or administrative convenience and, if appropriate, for the sharing of skills, expertise or resources;
  • Formulation and maintenance of systems and policies pertaining to the Council; and
  • The exercising of any other power or performance of any other function that may be necessary or desirable to achieve the objectives of the Council.

The aforementioned legislative framework provides the historical background that resulted in the establishment of the Council